“We’ll just let the Judge decide!” famous last words…
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Court can take a while for a myriad of reasons.
From filing and just getting a Court date, which could be 3 months to 13 months in the future, to finding and serving the Defendant with proper process, can take longer than expected.
A mistake in not attaching the correct summons, having the incorrect date or time or not properly signing the papers can all lead to delay.
The Judge’s schedule can cause delay. The trial from yesterday may bump you. An Emergency in another matter will bump you. A Commitment, Domestic Violence matter or even one that will be “real quick” can bump you.
Slow witnesses, attorneys that ask a lot of questions, even pointless questions cause delay. Unavailable experts, extra long lunch breaks and multiple recesses add to the length.
Injuries, illnesses and hospital visits delay trials. Also, if you don’t finish in the time allotted, don’t assume you will bump tomorrow’s trial, because you might not!
Not to mention CONTINUANCES.
Even when the trial is over your case may not be. The Court has up to 6 months to Rule on your matter.
Court can take longer than it should and once you find yourself in contested litigation you may well not have a choice but to go along for the ride.
Matthew Thompson is a Family Law Attorney in Mississippi and knows that the Wheels of Justice Can Turn Slow.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
Everyday presents a lesson that we can take away and learn from.
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Today’s “Advice of the Day” is: Know When to Shut Your Mouth.
When the Judge Orders you to Stop Talking? Stop Talking.
When the Other Side Agrees to What you Want? Stop Talking.
When Your Lawyer asks you to Stop Speaking? Stop Talking.
When you are Winning Greatly? Stop Talking.
When you are Losing Badly? Stop Talking.
Matthew Thompson is a family Law attorney in the Hospitality State and encourages you to ‘be still and listen.’
Follow the blog: BowTieLawyerVisit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
Court is where disputes that otherwise cannot get resolved get resolved. However, Court does not always go as planned. Witnesses freeze up and forget details that matter. Your client talks too much and argues with the other side. Or, your client cries uncontrollably and is hard to understand while testifying. The other party has spontaneous amnesia. The Judge has other cases and the other attorney has an emergency in the next Courtroom.
Even the best laid plans go awry. Court starts late and finishes early, for the day. Court runs long. Court is not fun and a “win” is hard to come by.
Avoid it if you can. Prepare like you can’t.
Matthew Thompson is a Mississippi Family Attorney.
Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
Recently I was asked about appropriate attire for Court. Specifically, I was asked about the propriety of wearing a piercing in Court.
“Should I take my nose ring out?”
While dress codes in Court are not what they used to be, you still should dress appropriately for Court.
What is proper attire?
conservative/church attire
slacks/dress pants
button-down/collared shirts
suit
appropriate dresses
What is not proper?
shorts
t-shirts
sleeveless shirts
short dresses/skirts
gaudy jewelry
hats
…so, should you take your nose ring out?
“Yes, yes you should.”
Matthew Thompson is a Litigation Attorney in Mississippi and while you may not lose your case because of your attire or appearance, everything you can do to help should be done.
Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
Spending many hours in Courtrooms throughout the State of Mississippi I have learned some things and seen some stuff. Today are the things that you should NOT bring to Court.
So you know to bring the evidence you need, your witnesses, and your attorney. But, what should you NOT bring:
Food/Drinks. This is a standard Court rule. There are usually vending machines in the halls. Even attorneys cannot get away with this one.
Cell Phone. Again a fairly standard procedure. With every phone having audio and video recording options, cell phones are on the short-list of no-nos.
Purse. My purse? Yes. The Court does not allow purses these days. Leave it in the car.
Weapons. Any kind of weapon, including but not limited to pocket knife, scissors, obviously firearms. Most Court have metal detectors.
Hotheaded Relatives or Friends. The Court does not need your Uncle in the audience guffawing, sighing, snickering or gossiping during Court. If he cannot control himself he’ll be removed from the Courtroom anyway.
Crying Babies. The days of babies being necessary for Court are over. No longer will the jury/judge look at the baby and look at the putative father to see if there is a resemblance. Don’t take a baby to Court.
Matthew Thompson is a practicing attorney in Mississippi Divorce Court. NO SHOES, NO SHIRT, NO COURT!
I have blogged recently about Why Settling Your Case is Best, avoiding Court, and Why Going to Court is “Best.” The gist of the former being settlement is preferred for having a say in the final outcome and having predictability and the latter, going to Court is best when there is no room for compromise.
Unfortunately, I have been involved in the latter, a case where there was no room for compromise. From my perspective one party was primarily the aggressor and was encouraged by the attorney to take unreasonable positions and force the matter to Court. Of course, they did not view their own positions as meritless. Also, I’m sure they thought my client and I were wretches…
Regardless, hard feelings abounded. This case had some history. What should have been a run of the mill divorce and custody matter was extremely contentious and was litigated over an issue that was not an issue. In Round One, after most of a day of trial, the Court stopped the matter and told the other side they were going to lose on their issue and the case did settle.
But, like the A-Team, they had a plan! Just a few months after it was final they decided another bite at the apple was proper. Based primarily on speculation…which was eventually admitted at Court, the other side sought to change the deal they had agreed to just months prior. Round Two in Court was based on rank speculation. After hours of testimony, haughty lecturing, and what can only be described as highly stylized testimony by the aggressive party and deeply emotional testimony by the other, the Court dismissed the case.
So, what is the take away? Sour grapes? I don’t think so, at least not on my part. It made me realize, yet again, Court is HARD. It is not fun. It is emotional. And, even when you win, nobody wins. Here’s what else can be guaranteed, when you successfully defend against baseless claims from the other side who thinks they are completely in the right when they are not, you better get ready for posturing and Round 3!
Matthew Thompson is a family law attorney and knows that sometimes even when you win you don’t win.
Follow the blog: BowTieLawyerVisit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
This post is advice rarely given or taken. I have previously blogged on Why Settling Your Case is BEST!. Settlement is usually BEST, but sometimes Court is inevitable…
Why going to Court is Best, or the BEST alternative;
It allows you to tell your side of the story.
Somethings you CANNOT compromise on.
The Judge may be in the best position to hold someone accountable, who needs to be!
Commonly, settlement is your best option. It gives you say in the final outcome, whereas letting a Judge decide your case can remove what say you may have. Sometimes what you want and what a Judge can award are not congruent. However, sometimes what the other side wants, a judge would not give them. Going to Court can be therapeutic. Going to Court can also show that you are serious and won’t back down from a fight. Going to Court can also backfire, cost more money and end in a result that is more difficult to live with.
Matthew Thompson is a family law attorney and goes to Court often, but usually when settlement has failed or stalled.
You may contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
There have been countless times that I have spoken to a potential client (PC, not to be confused with a personal computer), that has been represented by another attorney, and the PC does not know what is happening in their own case. This is unbelievable to me. They do not know what was filed, they do not know if it has been set for trial, they do not know who the judge is.
A Family Law case is just about the most difficult thing that you do as an adult, short of a death of a close family member. And in some instances Divorce can be worse because it’s the “death” of a marriage and you still have to co-exist with the other party. At least if they were dead you wouldn’t have to deal with them. Glib humor aside, Family Law is hard.
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As a client you should know what has been filed; a Joint Complaint or a Fault based Complaint, you should know if you have Court coming up, and you should know who the Judge is. Now, if you were told all of this and chose not to place this info into your permanent memory banks because you have confidence in your attorney and your goal is to get through today, that is ok. But, if you don’t know the details because it has not been explained to you, it is time for a sit down and a heart to heart, seeing eye to eye with your attorney. (BTW, all attorneys have been guilty of this a time or two…) Don’t be afraid to ask who, what, when, where and why? Their job is to answer those questions.
Now in defense of attorneys, sometimes we do explain things and they are misunderstood or are somewhat complex and a short explanation has to do for the meantime. Persons going through Family Law situations can be highly emotional and sometimes it’s information overload. In that circumstance you may choose NOT to explain everything or ask that a family member or trusted friend attend with the client for an in-person meeting. Sometimes the attorney is speaking pig-latin, a bad habit.
As a client, ask what is going on. Know what is going on. It is the rest of your life. (It may just be another case for the attorney.)
rt are not what they used to be, you still should dress appropriately for Court.
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